Order XXI Rule 46C CPC: Trial of Disputed Questions
Order 21 Rule 46C of the Code of Civil Procedure, 1908 provides a mechanism for deciding disputed liability of a garnishee during execution of a civil decree. It enables the executing court to try necessary questions as issues in a suit.
Meaning and scope of Rule 46C
A garnishee is a third person who owes money to a judgment-debtor. The decree-holder is the person entitled to enforce the decree, while the judgment-debtor is the person against whom it is enforceable. Under Order XXI Rule 46A, an attaching creditor may seek a notice requiring the garnishee to pay the attached debt into court or show cause.
Legal provision: Order XXI Rule 46C
Trial of disputed questions. Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liability shall be tried as if it were an issue in a suit, and upon the determination of such issue shall make such order or orders as it deems fit.
Proviso: If the debt covered by an application under Rule 46A exceeds the executing court's pecuniary jurisdiction, the court must send the execution case to its District Judge; the District Judge or another competent court to which it is transferred then deals with the case as if originally instituted there.
The explanatory wording above corrects obvious transcription errors in some published versions. Consult the official text and applicable High Court amendments for authoritative wording.
How the court determines a disputed garnishee debt
- Attachment and notice: A debt due to the judgment-debtor is attached under Rule 46, followed by an application and notice under Rule 46A.
- Objection by garnishee: The garnishee disputes the existence, amount, enforceability or discharge of the alleged debt.
- Trial of necessary issues: Under Rule 46C, the court may frame and determine relevant questions as though they were issues in a civil suit, allowing appropriate evidence and hearing.
- Order following determination: The court makes an order justified by its findings; the result is not automatically a direction to pay the entire claimed sum.
- Jurisdiction: If the disputed debt exceeds the court's monetary jurisdiction, the statutory proviso governs transmission to the District Judge.
Illustration
A decree-holder obtains a money decree against A. B allegedly owes A a contractual payment, and that debt is attached. When B receives a garnishee notice, B contends that the debt has already been discharged. The executing court may determine the disputed liability under Rule 46C on relevant evidence before making an appropriate order.
Related CPC provisions
Rule 46: attachment of debts and certain property not in the judgment-debtor's possession. Rule 46A: notice to garnishee. Rule 46B: order where a garnishee fails to pay or show cause. Rules 46D and 46E: third-party interests in attached debts. Rule 46F: valid discharge for garnishee payments. Rule 46G: costs. Rule 46H: appeals from specified garnishee orders. Rule 46I: application to negotiable instruments.
Appeal and local amendments
Under Order XXI Rule 46H, orders made under Rules 46B, 46C and 46E are appealable as decrees. The First Schedule may be modified by applicable High Court rules or state amendments; practitioners should verify the version governing the court concerned.
Official legal source
Read the Code of Civil Procedure, 1908 (India Code, official PDF) and check the relevant High Court rules for local modifications.
Frequently asked questions
Can a garnishee dispute liability?
Yes. Rule 46C empowers the court to try questions necessary to decide the dispute as issues in a suit.
What happens when the debt exceeds the executing court's pecuniary jurisdiction?
The proviso requires the execution case to be sent to the District Judge for handling by that court or another competent court.
Is an order under Rule 46C appealable?
Yes, subject to the applicable procedural law, Rule 46H provides for an appeal as from a decree.
This article provides general legal information and is not a substitute for advice on a particular execution proceeding.